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POPA AND OTHERS v. ROMANIA
Doc ref: 54949/15, 22247/16, 31328/16, 31332/16, 31337/16, 31341/16, 31347/16, 31353/16, 31356/16, 31359/16, ... • ECHR ID: 001-172968
Document date: March 16, 2017
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POPA AND OTHERS v. ROMANIA
Doc ref: 54949/15, 22247/16, 31328/16, 31332/16, 31337/16, 31341/16, 31347/16, 31353/16, 31356/16, 31359/16, ... • ECHR ID: 001-172968
Document date: March 16, 2017
Cited paragraphs only
FOURTH SECTION
DECISION
Application no. 54949/15 Bogdan Mihai POPA against Romania and 12 other applications (see appended table)
The European Court of Human Rights (Fourth Section), sitting on 16 March 2017 as a Committee composed of:
Vincent A. De Gaetano, President, Egidijus KÅ«ris, Gabriele Kucsko-Stadlmayer, judges, and Karen Reid, Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants ’ complaints under Article 3 of the Convention concerning the inadequate conditions of detention were communicated to the Romanian Government (“the Government”) .
The Court received friendly-settlement declarations under which the applicants agreed to waive any further claims against Romania in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court ’ s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
The payment will constitute the final resolution of the cases.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify a continued examination of the applications. In view of the above, it is appropriate to strike the cases out of the list as regards the complaints concerning the inadequate conditions of detention .
The applicant in case no. 31443/16 also r aised a complaint under Article 3 of the Convention in respect of the period of detention from 27 July 2011 to 9 April 2013 .
The Court has examined the application listed in the appended table and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, this complaint either does not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or does not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.
It follows that this part of the application no. 31443/16 must be rejected in accordance with Article 35 § 4 of the Convention.
For these reasons, the Court, unanimously,
Decides to join the applications;
Declares inadmissible the complaint raised in application no. 31443/16 concerning the period of d etention from 27 July 2011 to 9 April 2013;
Decides to strike remainder of the applications out of its list of cases in accordance with Article 39 of the Convention as regards the other complaints concerning the inadequate conditions of detention.
Done in English and notified in writing on 6 April 2017 .
Karen Reid Vincent A. De Gaetano Registrar President
APPENDIX
No.
Application no. Date of introduction
Applicant name
Date of birth
Representative name and location
Date of receipt of Government declaration
Date of receipt of Applicant ’ s declaration
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
per applicant (in euros) [i]
54949/15
29/10/2015
Bogdan Mihai POPA
16/06/1972
Florescu Cătălina
Bucuresti
04/01/2017
19/12/2016
3,300
22247/16
16/05/2016
George DOROFTEI
10/04/1983
Peter Irina-Maria
București
27/12/2016
05/12/2016
4,100
31328/16
28/05/2016
Costel RADU
10/09/1980
Mărgărit Ionela
București
05/01/2017
09/12/2016
5,100
31332/16
28/05/2016
Daniel ILIE
22/08/1981
Mărgărit Ionela
București
21/12/2016
09/12/2016
5,900
31337/16
28/05/2016
Claudiu-Sebastian PRISECARU
11/10/1978
Mărgărit Ionela
București
29/11/2016
30/11/2016
8,000
31341/16
28/05/2016
Mouhannad DAHHAN
27/01/1960
Mărgărit Ionela
București
27/12/2016
09/12/2016
3,500
31347/16
28/05/2016
Marian EFTIMIE
25/06/1982
Mărgărit Ionela
București
16/01/2017
09/12/2016
7,800
31353/16
28/05/2016
Vasile ÅžERBAN
12/12/1971
Mărgărit Ionela
București
16/01/2017
09/12/2016
5,600
31356/16
28/05/2016
Rică-Constantin ZAFIU
11/08/1988
Mărgărit Ionela
București
16/01/2017
09/12/2016
6,800
31359/16
28/05/2016
Radu MUNTEANU
12/05/1989
Mărgărit Ionela
București
27/12/2016
09/12/2016
6,800
31363/16
28/05/2016
Sergiu Bogdan GHEORGHIŢĂ
05/01/1990
Mărgărit Ionela
București
27/12/2016
09/12/2016
3,300
31443/16
28/05/2016
Dan OBREJA
25/05/1961
Mărgărit Ionela
București
22/12/2016
09/12/2016
6,300
37207/16
20/07/2016
IonuÈ› MUNTEANU
04/12/1988
Peter Irina-Maria
București
11/01/2017
20/10/2016
5,600
[i] . Plus any tax that may be chargeable to the applicants.
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